New EC Law Sparks Outcry Over Immunity and Credibility

When the Centre rolled out the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, few expected the backlash that followed. AIMIM leader Asaduddin Owaisi, speaking to ANI on Monday, tore into the legislation, saying it hand‑cuffs the very credibility of India’s election machinery.

“We warned in the Lok Sabha that this bill would damage public trust,” Owaisi reminded, recalling a debate he and former MP Imtiaz Jaleel had when the proposal was first tabled. “Now you have actually given legal immunity to anyone who becomes a CEC or EC, even after they retire. How does that work when a former prime minister can be summoned in a court case? Why shield the election commissioners?”

The chief’s gripe isn’t just about immunity. He also called out the three‑member selection panel that picks the commissioners. With the Prime Minister, a Union cabinet minister nominated by the Prime Minister, and the Leader of the Opposition as the only other voices, Owaisi argued, “the balance is clearly tipped in favour of the ruling party.” He warned that this structure has already shown its bias, as the newly appointed commissioners appear to be the government’s own choices.

Owaisi didn’t stop at criticism; he proposed a concrete remedy. “The law has to be repealed,” he insisted, “and the Chief Justice of India should be brought back into the selection committee alongside the Prime Minister and the Leader of the Opposition.” In his view, judicial participation would restore a semblance of independence.

Beyond appointments, the MP raised alarm over the Special Intensive Revision (SIR) of electoral rolls. He pointed out that roughly ten crore names have been deleted and questioned the feasibility of mapping for those submitting Form 6. “There is simply no provision for that. The SIR must be stopped, and the law that enables it must go,” he said.

When asked about recent protests in Delhi and the barricades erected ahead of a march demanding the removal of Chief Election Commissioner Gyanesh Kumar, Owaisi defended the right to demonstrate. “The Supreme Court says protest is a fundamental right. You can’t shut down people’s minds even if you shut down streets,” he remarked. Yet he distanced himself from the INDIA bloc’s specific march, stating he had no part in it and could not comment on their programme.

The episode underscores a growing tension between the government’s attempts to reshape electoral oversight and opposition voices warning that such moves could erode democratic safeguards. Whether the centre will heed Owaisi’s call for repeal and broader reforms remains to be seen.